SFMTA Powered Scooter Share Program Permit Application The Powered Scooter Share Program Permit was adopted as a one-year pilot program by the San Francisco Municipal Transportation Agency (SFMTA), effective June 1, 2018. The Powered Scooter Share Program Permit allows permitted Powered Scooter Share Operators to implement a Powered Scooter Share Program in the City and County of San Francisco. The SFMTA will review the completed applications, determine whether each applicant is in conformity with the requirements listed in the subsequent pages, and evaluate which applicants appear best able to operate a Powered Scooter Share Program consistent with the SFMTA’s requirements. After evaluating an applicant’s permit application, the SFMTA’s Director of Transportation shall either grant the Permit as requested, grant the Permit with modifications, or deny the Permit. Where the Permit is granted with modifications or denied, the Director shall explain the basis for the decision. An applicant whose permit application is denied or granted with modifications shall have the opportunity to request a hearing on the Director’s decision. The Director will issue no more than five permits for the pilot program. Applicant Information Please Print Clearly Business Name: Business Phone: Contact Person: Phone: Mailing Address: Street Address if different than above: Email Address: Website: Application Agreement By signing this application, the applicant verifies on behalf of the Powered Scooter Share Operator that all the information provided is true, and that if issued a permit, the applicant agrees to comply with the requirements of the Powered Scooter Share Program Permit. Name of Applicant Authorized Signature Printed Name, Title and Date SFMTA Powered Scooter Share Program Permit Application Table of Contents Submission Instructions .......................................................................................................................................... 2 Permit Costs ............................................................................................................................................................... 2 Application Materials ................................................................................................................................................ 3 A. Pricing Structure .......................................................................................................................................... 3 B. Scooter Availability and Service Area ..................................................................................................3 C. Plan for Safe Riding and Storage of Scooters ................................................................................... 3 D. Scooter Recharging Plan.......................................................................................................................... 4 E. Maintenance, Cleaning and Zero Waste Plan ................................................................................... 4 F. Hiring and Labor Plan ................................................................................................................................ 4 G. Community Outreach Plan ....................................................................................................................... 4 H. Experience and Qualifications ................................................................................................................ 4 I. Privacy policy, User Agreements, and Terms of Service ............................................................... 5 J. Images and Description of Powered Scooter..................................................................................... 5 K. Images and Description of Mobile Application ................................................................................... 5 L. Proof of Business Registration ............................................................................................................... 5 M. Proof of Insurance ...................................................................................................................................... 5 Appendix I. Permit Requirements ........................................................................................................................ 6 General Requirements........................................................................................................................................ 6 Customer Service Requirements .................................................................................................................... 6 Equitable Service Requirements ..................................................................................................................... 7 User Protections ................................................................................................................................................... 7 Vehicle Specifications ......................................................................................................................................... 8 Safe Riding and Storage of Scooters ............................................................................................................. 8 Distribution of Scooters ...................................................................................................................................... 9 Data Sharing Requirements .............................................................................................................................. 9 Appendix II. Insurance and Indemnification Requirements .......................................................................11 I. Indemnification ...........................................................................................................................................11 II. Insurance Requirements ........................................................................................................................11 1 SFMTA Powered Scooter Share Program Permit Application Submission Instructions All applications received by 5 PM PT on June 7, 2018, will be evaluated concurrently; if fewer than five permits are issued based on the applications received by this date, additional applications will be considered on a rolling basis. The SFMTA will only consider completed applications. A completed application must include the following components: Check for $5,000 made out to San Francisco Municipal Transportation Agency o This non-refundable application fee covers the cost to evaluate the application Signed Application cover sheet (title page of this document) o 1 copy mailed or delivered to the SFMTA offices o PDF sent by email Application Materials o 2 hard copies mailed or delivered to the SFMTA offices o PDF sent by email Email: scootershareprogram@sfmta.com Mail: San Francisco Municipal Transportation Agency Powered Scooter Share Program Attn: Miriam Sorell 1 South Van Ness Avenue, 7th Floor San Francisco, CA, 94103 In Person Delivery: San Francisco Municipal Transportation Agency Powered Scooter Share Program Taxi Services Window 1 South Van Ness Avenue, 7th Floor San Francisco, CA, 94103 Permit Costs The following payments must be made in order for a Powered Scooter Share Program Permit application to be accepted and a permit issued: 1. A non-refundable permit application fee of $5,000, due at the time of application. This covers the cost of staff time to review applications and no application will be considered complete before this payment is remitted. 2. A separate annual permit fee of $25,000 due at the time of permit issuance to recover costs associated with administering the Pilot Shared Powered Scooter Program. 3. A public property repair and maintenance endowment totaling ten thousand dollars ($10,000) due at the time of permit issuance, to ensure adequate funds are available to reimburse the City for future public property repair and maintenance costs that may be incurred per specifications in the Permit Requirements. This endowment will only be accessed if Permittee fails to reimburse the City for costs incurred within 30 days of being notified; if the endowment is unused at the end of the Permit term, the funds may be returned to the Permittee or rolled over to a future program year. 2 SFMTA Powered Scooter Share Program Permit Application Application Materials Applicants seeking a Powered Scooter Share Program Permit should provide the following information: A. Pricing Structure – • Description of pricing structure including low-income and other discounted customer plans, including cash payment UScooter takes a straightforward approach to pricing. The Company allows customers to pay for rentals at a low, flat, per-minute rate. Riders will be charged a $1.00 start fee plus $0.15/ minute. Customers will never need to pay for more time than they use. Payments are hasslefree; charged automatically to the client’s supplied credit card supplied to the Company through our mobile app. UScooter will also develop a pre-paid card system to accommodate cash riders. UScooter is committed to providing smart, environmentally friendly transportation to everyone. The Company intends to create a comprehensive and equitable public access program by working with community organizations and key stakeholders to reach neighborhood residents throughout the city, including disadvantaged populations who may have limited or no means of participating in other forms of transportation. UScooter will offer a variety of discounted consumer plans. Low income individuals who qualify for state-run assistance programs will be able to sign up for an ongoing membership at a low monthly fee in exchange for a substantial number of minutes in riding credit. UScooter believes that reliable, convenient transportation is a major key to the success of all individuals living and working within their cities. The Company will work with local employers and educational institutions to develop similar subsidized or discounted pricing programs. Frequent commuters who wish to alleviate traffic congestion and minimize their carbon footprint by utilizing an electrified ride sharing program will also be incentivized with reduced rental rates and premium service when they participate in our monthly subscription program. UScooter acknowledges that not everyone owns a credit card or smartphone; however, this should not prohibit one’s ability to access a full range of mobility options. The Company will implement a pre-paid card system as an alternative form of cash payment. It will also support a “text to unlock” feature to give customers access to riding our scooters, thereby eliminating the technology barrier. B. Scooter Availability and Service Area – • Hours of operation Consumers may rent a UScooter between the hours of 6:00 AM and 9:00 PM (or dusk, whichever occurs earlier). • Storage of scooters during non-operational hours UScooters will be stored onboard our Company charging trucks during non-operational hours. Each of these trucks holds up to 120 scooters. • Proposed fleet size and service area at launch o How many scooters would you deploy in different portions of the service area, including disadvantaged communities? Applicants should bear in mind that the Pilot Program provides for a maximum of 1250 scooters total in San Francisco in the first six months and 2500 total in the second six months of the pilot. If granted a permit to participate in this Pilot Program, UScooter would launch a fleet of 250 scooters, increasing this number to a maximum of 500 scooters once SFMTA expands the quantity restriction following the initial six-month period. UScooter will strategically place its scooters in well-trafficked urban areas throughout the city with the goal of solving first and last mile issues for commuters, students and domesticated workers, in conjunction with our programs servicing disadvantaged low income communities. The Company plans to dedicate 20% of the scooters in its fleet to serving San Francisco’s Enterprise Zones. UScooter believes in supporting the economic revitalization of these depressed areas by offering a viable transportation option for the disenfranchised thereby reducing barriers to employment and facilitating regular school attendance for High School Seniors and College students who are 18 years or older. o Would your deployment area change depending on the number of scooters you are permitted for? Yes, UScooter would consider altering the service area of its deployment plan if SFMTA decides to change the number of scooters that the Company is permitted operate in a given area. o Describe methods for deploying and redistributing scooters. The UScooter technology platform continually monitors the geographic location of all the scooters in its fleet using GPS tracking devices, as well as collecting usage data reflecting rental patterns and demand. This comprehensive information will be analyzed daily to determine where our drivers should pick up the scooters each night and redistribute them the following morning in the areas where people need them the most. These analytics will take into consideration UScooter’s equitable access programs in disadvantaged neighborhoods that are traditionally underserved by public transportation to help ensure that low income earners can get to work on time and young adults don’t have to miss school. UScooter aims to empower San Francisco residents with cleaner, more efficient, and affordable transportation options that improve urban sustainability. The Company will work closely with key stakeholders in the community that share this goal, including advocacy groups, government officials and the leadership of mass transit agencies such as SFMTA and Bay Area Metropolitan Transportation Commission Bay to solve the “first and last mile” problem by deploying our electric scooters near transit stops and other public areas where personal mobility would be highly advantageous. o Would your service area apply to where users are allowed to deposit scooters? UScooters will take an active role in promoting shared mobility solutions that encourage proper use and responsible parking behavior. Therefore, the Company plans to include in its service area places where users are allowed to deposit scooters without negatively impacting the public right of way or posing a safety hazard. o Provide map of proposed service area C. Plan for Safe Riding and Storage of Scooters – • Proposed approach to ensure compliance with laws - The SFMTA will monitor the degree to which scooter share program users comply with applicable laws, particularly related to riding on sidewalks and safe parking of scooters. If the SFMTA in its sole discretion determines that the permittee’s users are not sufficiently compliant with applicable laws, the SFMTA may require that the permittee implement additional measures or may revoke the permit. o Describe any education, incentives, training, scooter modifications, notification systems, infrastructure, etc. you propose. The safety and compliance of every rider is of paramount importance to UScooter. The Company will prominently display on all its platforms safety resources and reminders outlining applicable “rules of the road” in accordance with local and state laws. Both our website and mobile application will educate riders on responsible and legal usage of scooters including but not limited to the following guidelines: ➢ Minimum age requirement of 18 years or older ➢ Possession of a valid Driver’s License ➢ Helmets are always mandatory ➢ Single passenger riding only ➢ First conducting a proper safety inspection ➢ Riding in bike lanes and roadways NOT sidewalks ➢ Appropriate parking guidelines ➢ Avoiding obstruction of entrances, driveways, crosswalks or other public access ➢ Always yield to pedestrians ➢ Following all traffic signs and regulations UScooter will also provide clear step-by-step instructions on how to physically operate our scooters, including visual representations on how to start, ride (stand), stop (break) and park, delivered through the mobile app and accessible on our website. The User Agreement, delivered through the mobile app and posted on our website, will inform riders on what to do in the event of an accident and how to report a mechanical breakdown or physical damage to a scooter. UScooter will provide multiple methods of contacting the Company including a Customer Service phone number and an email link. Riders will be encouraged to contact us with questions, comments and concerns. Additionally, the Customer Service number will be listed on every UScooter to facilitate the reporting of parking violations so that the Company can quickly remedy the situation by dispatching a driver to retrieve the scooter. In addition to the digital efforts listed above, UScooter is planning to engage and educate the public on how to ride responsibly by hosting classes in local neighborhoods and at community events where our staff will have an opportunity to teach prospective riders and beginners how to ride safely and legally. An events tab will be added to the Website to check for details regarding timing and location, as well as sign up in advance. The UScooter marketing team will also utilize all social media channels, including FaceBook and Instagram, to reach a broader audience with safety messaging. o Describe how you would monitor compliance, including any technology innovations that allow monitoring, and how you would address users who are noncompliant. The Company’s propriety software is programmed to monitor compliance and will send reminders to riders who violate the guidelines. A governing parameter will limit the scooter’s speed to less than 5 miles per hour if the rider continues to ignore the notice to comply. To ensure that parking regulations are being followed, customers will be required to upload a picture of where the UScooter is parked at the end of each ride. Users who exhibit a pattern of non-compliance are flagged in the system. From then on, every rental session will require the rider to review and acknowledge receipt of safety information and riding regulations, as well as re-affirm the terms of the User Agreement, before being allowed to complete the transaction and unlock the scooter. Repeat offenders will be blocked entirely from being able rent a UScooter. • Describe how you would phase in additional measures if your initial approach does not achieve desired levels of compliance. o The SFMTA is potentially interested in a tethering/locking pilot. Describe opportunities to consider a tether or locking mechanism for the scooters to be secured to fixed objects and how much notice would be needed in order to deploy such a program if determined necessary by the SFMTA. UScooter has pre-emptively designed a lockable docking station which could be integrated into the program if SFMTA determines a tethering mechanism is necessary. • How will you ensure customers have valid driver’s licenses? Prospective riders will be required to take a picture of both the front and back of their Driver’s License; this information will be uploaded through the mobile app into our system for verification. D. Scooter Recharging Plan • Describe how scooters will be recharged At the end of each day, the Company sends drivers to pick up UScooters, charge them directly on the truck that is equipped with onboard chargers, then redistribute the scooters in the field based on popular usage areas/historical data. Each truck can hold up to 120 UScooters. o How will you know when a scooter needs to be recharged? Uscooters are continuously monitored remotely, communicating its location in real time, as well as battery information once a minute through our secure server which is accessed by both local staff and the corporate team. When a scooter is running low on power, dropping below 20%, the scooter will be taken out of inventory and will no longer be available for rent through the mobile app. Consequently, depleted scooter will disappear from the interactive map. This ensures that our scooters always have enough power to get UScooter customers to their destination. This data will be transmitted to the nearest UScooter Driver who will be alerted that the scooter requires recharging and will promptly be dispatched to retrive it from its present location. Once our Drivers pick it up and replenish the battery using the vehicle’s on board charger, they will redeploy the UScooter out in the community. o Will independent contractors be used to charge scooters? If so, describe the incentive structure for charging scooters and any information provided to contractors concerning safe charging practices. The Company handles recharging, ensuring batteries are replenished at the end of the day, eliminating the need to use independent contractors for this purpose. Should this change, they will comply will all federal, state and local laws and regulations relating to fair wages and the use of contract labor. o How will the permittee minimize potential negative impacts associated with practices related to collecting, redistributing, and recharging scooters? Will the permittee document new vehicle miles generated by collecting, redistributing and charging activities? UScooter intends to use zero or low emission vehicles to collect and redeploy its fleet of scooters. The driving routes of Uscooters charging truck will be strategically designed to limit the number of miles driven by each vehicle, taking into consideration traffic patterns and commuter timing, to minimize any added impact on traffic congestion. The company will track the number of miles driven by our Charging trucks, along with the combined miles traveled by our rental scooters, and publish an annual environmental report calculating how many miles of gas powered cars were removed from the road and the reduction of CO2 Emissions as a result of UScooter’s ride share program. E. Maintenance, Cleaning and Zero Waste Plan • How will you know when a scooter needs maintenance? Each electric scooter is continually monitored and tracked remotely by our proprietary GPS/GPR software, which collects data in real time on its location and reports diagnostic information on the battery and electrical system several times a minute. If the system finds an anomaly indicating a potential problem with the performance of the scooter, it will block the vehicle from being rented until the issue is resolved and send a message to the correct team member for follow-up and resolution. Prior to every ride, users are asked to conduct a safety check on the scooter, inspecting the following items: ➢ sufficient battery charge ➢ wheels, lights and brakes are in working order ➢ frame is in good condition ➢ no excessive signs of wear or obvious damage or ➢ other mechanical issues If the rider notices any issues, they are asked to notify UScooter through the mobile app using a link on the “Issues” page. The Company also places a toll-free number on each vehicle that can be used to report the status of the scooter to the Customer Service team. Once a scooter is flagged as needing service, it will disappear from the map until it is repaired and returned to the fleet. The system notifies the appropriate Driver, who will collect the scooter and transport it to our local Service Vendor. Once the required work has been performed, the scooter re-enters the fleet and is once again viewable on the map as available. • Describe your approach to maintenance, cleaning, and repair of scooters, including scooter and battery lifespan UScooter’s entire fleet receives a quality check daily. When our Drivers collect the scooters to be recharged and stored overnight, they thoroughly inspect each one for safety and mechanical issues, as well as cleanliness, to ensure they are in perfect working order before redeploying them for use the following morning. • Describe how you will comply with the City’s zero waste and producer responsibility policies, including taking responsibility for the scooters throughout their life cycles by properly managing hazardous components including batteries, reducing the need for new scooters through repair, redistributing for reuse, and recycling or otherwise properly disposing of all component parts. UScooter prides itself in being part of a Green Transportation solution that offers a clean and efficient way for users to get around busy urban areas like San Francisco. More environmentally friendly than cars of any kind, scooters have the potential to reduce traffic congestion, alleviate parking demand, and lower harmful carbon emission. The Company share’s the City’s mission to create a healthier, more sustainable environment for everyone who lives, works and plays there. UScootes supports the City’s Vision Zero initiative in their efforts to achieve this goal by implementing best practices to operate in a manner that complies with the zero waste and producer responsibilities set forth. To fulfill this pledge, the Company will monitor the life of each scooter battery. Typically, a UScooter battery can sustain 1000 charges before needing to be replaced; at which time, the company will donate it to a partner organization to be used for “second life” opportunities, such an energy storage. , • What fleet size is needed to maintain a given number of active scooters? 250 F. Hiring and Labor Plan – • Describe the staffing plan, including hired staff and contractors, for operation and maintenance of your scooter share program The Company’s proposed staffing plan for the operation and maintenance of UScooter’s participation in San Francisco’s shared scooter program will include a local team of employees consisting of a City Manager, several Mobile Charging Associates (our Driver’s) and our current Service Partner (SF Wheels). Together, they will work to successfully implement all facets of the ride share program as set forth by the City and accomplish the Company’s mission of providing safe, convenient and environmentally friendly alternative transportation to the residents of San Francisco. The City Program Manager will serve as the primary point of contact for local matters including the development of key partnerships with community stakeholders, city officials and neighborhood businesses. They are responsible for working with Chargers/Drivers to optimize supply (scooters) and demand (ridership), as well as oversee the daily operations and resolving any issues that might arise in the course of doing business. This individual will also lead UScooter’s local efforts to cultivate brand awareness and increase ridership through effective execution of Neighborhood Safety Campaigns and involvement in community outreach events. As previously mentioned, UScooter’s Drivers are responsible for collecting, charging and redeploying our scooters into the community on a daily basis, as well as responding to illegal parking notifications. The maintenance and repair of these vehicles will be done by our Service Vendor UScooter’s San Francisco team will be further supported at a corporate level by the Company’s Technology and Customer Service departments, in addition to the Executive Management team. • Describe how your hiring plan will comply with local laws and best practices regarding equal opportunity, local hiring, and fair wages UScooter embraces diversity and is committed to providing an environment of mutual respect, free from discrimination and harassment, where equal employment opportunities are available to all applicants and teammates, regardless of their race, color, religion, sex, national origin, age, disability, veteran status or genetics. All employment decisions are based on business needs, job requirements and individual qualifications. The Company complies with all federal, state, and local employment laws including minimum compensation requirements and prevailing local wage standards. As an employer, UScooter understands the valuable role it will play in the economic vitality of the city and its residents. This knowledge is reflected in the Company’s hiring plan and best practices to attract and retain local talent. We look forward to engaging with community stakeholders to support key employment initiatives that enhance the quality of life in the City of San Francisco. SFMTA Powered Scooter Share Program Permit Application • Describe how you will approach transparency with any contractors related to hourly rate and net of job related expenses. UScooters does not intend to hire contractors; however, if this changes, the Company will follow the appropriate guidelines for defining employment status utilizing the criteria set forth by the California Labor Board. Should UScooters engage with contractors, it will adopt a transparent approach to compensation, explicitly outlining in writing the parameters of the Agreement including but not limited to the rates it is offering for the services provided, payment method and any exclusions related to reimbursement of expenses (such as transportation, facilities, electrician labor or electricity costs) that the contractor may incur in the process of providing these services. • Will you provide skills training for potential staff and contractors? UScooter is committed to the creation of a competent workforce capable of providing the highest level of service to its riders and complete compliance with the rules and regulations governing SFMTA’s Shared Mobility Pilot Program. The Company will therefore provide relevant skills training required for any employee or contractor to successfully execute the responsibilities of their defined role, including proper safety and operating standards. UScooter plans to deliver this educational content utilizing various instructional videos and written instructions delivered through multiple channels including the Company’s website, its mobile app and when necessary, in-person. The Company has already successfully trained an existing network of Service Vendors on how to properly maintain and repair our scooters. As the Company’s operations and service area expand, it will continue to provide this training to new Service partners. The Company’s current business model does not involve engaging independent contractors to charge its scooters. Alternatively, UScooter drivers are responsible for the daily collection, charging and redeployment of our scooters. All personnel operating in this capacity will have to go through our Scooter Charging and Recovery training, as well as a Driver Safety program to ensure they adhere to all laws set forth by the San Francisco Transportation Code and the California Vehicle Code. Should the Company’s change its operations plan and decide to engage contract labor to provide charging services, UScooter will provide all contractors with the appropriate skills training. G. Community Outreach Plan • What community outreach have you done or would you plan to do with stakeholder groups, merchants, and residents in the neighborhoods you are considering serving? If applicable, describe any strategies to partner with community benefit organizations, minimize disruption in neighborhood commercial districts, provide community benefits, implement a culturally relevant and multilingual communications plan, an equitable implementation plan, or promote the use of scooter sharing systems citywide among low income communities. UScooters understands that not everyone has equal access to mobility and that a lack of transportation can significantly restrict an individual’s quality of life by limiting employment and education options, and in turn, their economic stability. We want to breakdown the transportation barriers that keep people from thriving by providing personal mobility options to residents in areas that have been identified as Communities of Concern. That is why we have committed to deploying 20% of UScooter’s fleet to serve these minority and low-income neighborhoods. We will develop collaborative partnerships with lead organizations like The Great Communities Collaborative and Reconnecting America, who share these values and are already devoted to the mission of connect residents with the tools and resources they need to succeed. To better understand the diversity of this population we will reach out to community agencies like Urban Habitat. We will reach out to University/Colleges and Employers to develop smart ride sharing programs that offer smart solutions that solve the first/last mile dilemma faced by many students and workers challenged by public transit as means of commuting to school and work. Implementing alternative transportation strategies to improve traffic congestion and reduce greenhouse emissions is also important to UScooter so we will engage with key stakeholders and governmental agencies like MTC, BAAQMD, and SFMTA, the Bay Area Council in our efforts to support sustainability initiatives and environmental public policies aimed at improving urban transportation. H. Experience and Qualifications – • Describe your qualifications to operate a scooter share program including experience operating shared mobility programs in North America The Company exclusively deploys the most advanced, electric scooter on the market. These scooters are incredibly popular, with more than 100,000 units already sold worldwide. The Company has an exclusive arrangement with the manufacturer to rent these scooters in the United States, as well as extensive experience selling them through UScooter’s sister company UScooters. The Company has established partnerships throughout the country with major US retailers and privately-owned bicycle shops. UScooter’s relationships have created a reliable network of dealers who have previously been trained by the Company to provide maintenance and repair services to our scooters. SF Wheels, a well-known bike shop in the downtown area, is UScooter’s local partner in San Francisco. What sets UScooter apart from other electric scooter vendors is the Company’s experience and superior technology, which have led to an ever-growing fan base. Highly positive reviews from customers and technology experts is clear evidence of the trust and confidence consumers place in the UScooter brand. CNET, a leading industry resource for technology breakthrough news and unbiased product reviews, proclaimed our scooters as “the very best… strongest, most reliable ride, rain or shine, of any” (2017). This recognition further validates the Company’s belief that UScooter is well positioned to be the provider of choice for dependable, hassle-free transportation in the rental scooter market. UScooter’s experienced leadership team and advisory board has a commanding knowledge of personal mobility within the sustainable transportation industry: Brad Ducorsky, Founder & CEO Deeply connecting to the transportation technology market, Brad has successfully guided the growth of UScooter's retail sales company establishing a sizable market for top-of-the-line electric scooters in the United States. His efforts have led to thousands of successful sales through leading retail partners such as Costco and Amazon and a committed customer base. A visionary businessman with more than 30 years’ international experience as an entrepreneur, Brad has founded and led businesses in the United States and aboard, including leading a manufacturing operation with more than 1,500 employees. Brad’s expertise and previous business development experience have resulted in the negotiation and conclusion of multiple eight figure deals . These abilities make him the ideal leader to sheperd UScooter to a position of lasting market success. Jeff Joyner, Co-Founder, Advanced Transportation, Investments and Technology Strategy Jeff is a 20-year veteran of the advanced transportation industry dating back to the first electric car - GM's EV1 - when he and other EV1 drivers deployed a mapping system and infrastructure for electric vehicle charging. Through Plug-in America he worked closely with California Senator Fran Pavley on legislation that led the way to the adoption of electric vehicles. Jeff has testified before the California Senate on Climate Change on several occasions as an expert on how to develop an advanced transportation industry cluster in California. He has spoken as an expert on more than 100 occasions on advanced transportation including last-mile/first mile solutions nd autonomous vehicles. He has been very active in serving as an advisor to more than 100 start-ups, Fortune 150 businesses, investment funds and standards organizations on advanced transportation technologies. In this role, Jeff uses his vast experience with technology, branding, government affairs and public policy in the acquisition, protection, licensing, and exploitation of technologies, including infrastructure, 3D mapping, autonomous vehicles, blockchain, AI, VR and AR throughout the United States and abroad. Jeff advises and is an active limited partner of one of the first clean technology venture capital funds. Jeff is on the Leadership Council of the Los Angeles CleanTech Incubator (LACI) and was on the Board of Directors for CleanTech Los Angeles until it merged with LACI. He is also a co-founder and cochair of the Los Angeles County Economic Development Corporation’s e4Mobility Alliance and is on several Advisory Boards, including the U.S.-China CleanTech Center, the e4 Advanced Transportation Center and the Tesla Foundation. Jeff was named one of the 75 Top IP Litigators in California by the Daily Journal, selected by Super Lawyers magazine, ranking him in the top 2.5 percent of Southern California lawyers, selected by Forbes as one of "America's Premier Lawyers," and listed in IAM Magazine’s "The IAM Patent 1000 – Litigation" and World Trademark Review’s "WTR 1000." His vast experience enables him to make the top-rated scooter a leader in ride-share offerings. Jean Yves Martineau, CTO His infectious enthusiasm to build innovative commerce, marketing and communications solutions for top global brands (Gucci Group, L'Oreal, Nestle, Air Transat, Best Buy, Costco, Microsoft), has been the driving force in his success. In 1995, Jean Yves co-founded Cactus Commerce, a recognized leader in e-commerce and supply chain. By 2007, the 250-employee company developed and marketed Microsoft’s e-commerce platform, Commerce Server. Among his many acclaimed achievements, Jean Yves holds a US Patent with Microsoft on Multi-Channel Commerce data management, and received the Top 40 under 40 award. He’s also a founding member of the Microsoft Solutions Framework PAC, eCommerce Council, and RFID PAC. Jean Yves' significant experience building software platforms for multi-national brands and expertise with blockchain make him best able to differentiate uScooter's ride-share technology. Romain Peskin, VP, Engineering Roman is a technology leader and an accomplished entrepreneur. Prior to joining the company he co-founded DealAngel (acquired in 2013) and served as the VP Product Consulting at DataArt, a technology consulting and outsourcing firm with over 2,500 employees worldwide. Roman’s experience leading software development teams as an accomplished entrepreneur gives UScooter the ability to quickly launch and update software for its leading ride share platform. Alin Antonie, Program Engineer Experienced engineer and leading GPS technology developer. Alin was closely involved in the development and manufacture of the sophisticated electric scooters used by the Company. His skills have helped the Company stay a step ahead of the competition by creating new electronics systems offering superior services to customers everywhere. His involvement with UScooters gives the Company a significant edge in the market and bodes very well for the future of the UScooters. Dawn Thompson, Community Outreach Leverages 15 years of Recruiting and Marketing experience to help innovative start-up companies attract exceptional talent and build unforgettable brands. Through the development and execution of impactful grassroots campaigns and largescale events, she led experiential marketing efforts designed to inspire and educate students, consumers, and enthusiasts about the electric vehicle movement. With a strategic focus on the integration of innovation, social responsibility, and environmental sustainability, she’s established unique partnerships with leading organizations and community stakeholders to advocate for change in the fields of renewable energy and alternative transportation. • If you have ever operated a shared scooter program in San Francisco, describe how you complied with applicable laws, including your efforts to ensure compliance by your users with applicable laws, your efforts to work in good faith with staff from the City and County of San Francisco, and your expeditious compliance with previous enforcement efforts and payment of administrative charges to the City and County of San Francisco for right-of-way violations (including sidewalk obstruction). The Company has never operated a shared scooter program in San Francisco. If granted a permit, UScooter will fully comply will all applicable laws established by the City and County of San Francisco. I. Privacy Policy, User Agreements, and Terms of Service • Provide any privacy policies, user agreements, and/or terms of service in plain text for • review Provide screen shots of all locations where this language would be shared with customers including method for obtaining user acknowledgement/agreement. UScooter Privacy Policy This Privacy Policy is effective as of: June 7, 2018. This Privacy Policy applies to services provided by UScooter, LLC (“UScooter,” “we” or “us”) relating to the UScooter Sites (defined below) and to our mobile applications (defined below) (collectively, the “Service”) and explains what information we collect about you when you use the Service, how we will use the information we collect, how we will share your information, and how you can control the collection, use and sharing of your information. By “Sites”, we mean www.UScooter.com, and any affiliated website on which this Privacy Policy is posted, and including all services, features, applications, content, and downloads that are offered and operated by us, and that are available through these websites. By “Mobile Apps” and “Apps”, we mean our products and services that we make available via mobile telecommunication platforms and/or through social networking platforms or App stores, and on which this Privacy Policy is posted. This Privacy Policy does not apply to information we collect by other means or from other sources. We will not knowingly use or share your information with anyone except as described in this Privacy Policy. By accessing or using the Service, you consent to the collection, use, processing and sharing of your information as described in this Privacy Policy. Therefore, do not use the Service if you do not agree to all of the terms of this Privacy Policy. If you have questions about this Privacy Policy or the way we collect, use, process or share your information, please contact us at customersupport@UScooter.com. 1. Information We Collect A. Information You Provide To Us Directly: By accessing or using the Service, we may directly collect information about you as follows: i. User Account: If you create an account with us we will collect your first and last name, user name or ID, password, and email address, and non-identifiable demographic data such as age, gender, and five digit zip code as part of collecting personal information You may also create an account and log in to the Service through your account on Facebook or other applicable third party social media platform that we specify (each, a “Social Media Service”), in which case we may collect additional information from you as described below in Section 1(B) “Information Received From Social Media Services.” ii. Correspondence: If you correspond with us by email (including for support purposes), we may retain the content of your email messages, your email address and our responses for internal use. iii. SMS/Push Notifications: If you sign up to have SMS or push notifications sent to your mobile device, we receive and store the telephone number(s) that you provide to us. Your device may allow you to block or manage these notifications. B. Information We Receive from Social Media Services: When you access the Service through your Social Media Service account, we may have access to the email associated with your account on the Social Media Service and certain information that you make available through the Social Media Service. By logging in through a third party Social Media Service, you give us permission to access, store and use any information that you permit the applicable third party Social Media Service to share with us in accordance with your privacy settings for the applicable Social Media Service. This information may include your date of birth, public profile information, such as your name, gender, hometown and age, as well as your email permissions and the names of your friends who also use the Service. We recommend that you check the privacy policy, and your privacy settings and controls, for the applicable Social Media Service to learn more about how you can control the information collected and shared with us through the applicable Social Media Service. C. Information You Share Through Social Media Services. We may also provide social media features through the Service that enable you to share information with your social networks and to interact with the Service on various Social Media Services. Your use of these features may result in the sharing of information about you with the applicable Social Media Service, and, depending on the settings you choose on the applicable Social Media Service, the public generally. We recommend that you check the privacy policy, and your privacy settings and controls, for the applicable Social Media Service to learn more about how you can control the information collected and shared when you share information through the applicable Social Media Service. D. Information Collected From User Devices: Device information about your computer, browser, mobile device, or other device that you use to access the App. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information. If you access the Service from a mobile device, we will not collect your mobile device ID but we will generate and assign to you a unique user ID and we may also track your location by region. Your mobile device may allow you to block or manage access to your location information, manage or restrict in-app purchases, or the ability to access the web by turning off network access or turning off the browser. Access to or availability of controls may vary depending on your device. E. Your Source IP Address/Location Information: We collect and store location information about you on the App and associated with your account that you volunteer on the App or enable through the App or your device. We will collect location information regarding the location of the UScooter Vehicles, the routes taken by these Vehicles, and the rental status of these Vehicles. We will not collect any location information that you do not volunteer or enable, but you must agree to provide certain location information in order to use the Service. We also collect and store your device’s source IP address which may disclose the location of your device at the time you access the App. F. Payment Information: If you conduct paid transactions on the Service, these transactions will be handled through the third party account through which you downloaded the Service, for example iTunes or GooglePlay. We do not receive the credit card or other payment information you provide as part of your third-party account, and your payment information is subject to the applicable third party’s terms of use agreement and privacy policy, and not this Privacy Policy or our Terms of Service agreement. 2. Information Automatically Collected through the Service. In addition to the information you provide voluntarily and directly to us, we collect information automatically from you through the use of tracking mechanisms and other technology, as follows: A. Analytics and Usage information: Our service may collect information about your use of the App and UScooter Vehicle, including GPS routes, and status of GPS chips, time stamps, battery status, additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring App addresses, and other information regarding your use of the App. B. Collection of Information From Other Sources: We also may collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify, update information contained in our records and to better customize the App for you. We may also collect Personal Information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage, in accordance with applicable laws. C. Collection of Personal and Non-Personal Information Through Surveys and Promotions: From time to time We may provide You with the opportunity to participate in sweepstakes or other promotions on our Service, which might be sponsored or conducted by a third party. If you participate, We will request certain personally information from You. Participation in these sweepstakes and promotions are completely voluntary and You therefore have a choice whether or not to disclose this personal information. The requested personal information typically includes contact information. If there is a third party sponsor involved please make sure to review that party's privacy policy. D. Collection of Third Party Personal Information Through Referrals: We may from time to time conduct a referral service to introduce people you know to our Apps and Service. If you choose to use our referral service to tell someone about our Apps and Service or a discount on the Apps and Service, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email inviting him or her to visit our App. We store this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at customersupport@UScooter.com to request that we remove this information from our database. E. Use of Cookies and Other Tracking Technologies: Like many websites and mobile applications, we use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions. We may also use cookies to monitor traffic, improve the App and make it easier and/or relevant for your use. Like many Apps, we use cookies, web beacons and similar technologies to record your preferences, track the use of our Apps and your exposure to our advertisements. We may also use these technologies to monitor traffic, improve the Apps and make it easier and/or relevant for your use. If you delete your cookies or if you set your browser or device to decline these technologies, some features of the App may not work or may not work as designed. We use both “session” cookies and “persistent” cookies. We do not use flash cookies, web storage, web beacons or other technology that tracks your browsing history across multiple Apps. We use cookies for the other purposes set out below: • • • • • • We use cookies to remind us who you are and to find your account information in our database when you access a Service so you do not need to log in at every visit. This helps us to provide you with service tailored to your specific needs and interests. A cookie is created when you register for a Service We use cookies to determine the browser the visitor uses so the Apps can be designed to work properly with the most common versions of different browsers We use cookies in conjunction with sending you e-mail newsletters Advertisers that place ads on the App may use cookies We use cookies in conjunction with analysis of your use of our App and generate analytics regarding our App We use cookies to estimate our audience size. Your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit F. Third Party Tracking and Analytics: Our Service may link to third party websites whose privacy and data collection practices may differ from ours. We also work with third parties who offer analytics or deliver targeted ads through our Service. These third party websites, advertisers, or companies working on their behalf may use cookies, web beacons and other tracking mechanisms to collect certain information about you and/or your mobile device (such as your mobile UDID or other device identifier, and information about your activities) over time and across different websites, to provide targeted or personalized content or advertising (also referred to sometimes as online behavioral advertising or interest-based advertising). We do not have access or control over the tracking mechanisms used by these third parties. You are encouraged to review the privacy policies of the different websites you visit. i. Analytics: We use analytic tools and also third party analytics to evaluate usage of the Service. We use these tools to help us improve the Service, its performance and user experiences. We use Google Analytics to collect aggregate information and statistics about user activities on the Service, such as information about the aggregate number of visits over a period of time, geographic location and language preference of our users. The information collected through using Google Analytics may be shared with Google. ii. Advertising partners: We use third party marketing and advertising companies to provide users with information about our Services and other information that may be of interest to our users. For more information about the privacy practices of these companies, please visit their websites and review their policies or contact them directly. iii. Do Not Track Signals and Similar Mechanisms: Certain web browsers enable users to transmit “do-not-track” signals to websites. We adhere to the standards set out in this Privacy Policy but we do not take any specific action in response to these signals. We may reassess how we respond to these signals as industry standards evolve. 3. How We Use Your Information We use the information that we gather about you for the following purposes: • To provide our Service to you, to communicate with you about your use of our Service, and for other customer service purposes. • To track UScooter Vehicles. • To upload your content to our App as you request. • To permit you to update, edit and manage your content on our App. • To communicate with you about changes to our policies. • To communicate with you about your comment to a blog post. • To detect, investigate and prevent activities that may violate our policies or be illegal. • Use of Your location information. • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Service. • To better understand how users access and use the Service, both on an aggregated and individualized basis, in order to improve our Service and respond to user desires and preferences. • For marketing and promotional purposes, and to send you information regarding the products or services of third parties that you have opted to receive. However, we will not disclose your personal information to these third parties and you will have the ability to opt out of receiving the applicable information by following the unsubscribe instructions included in any promotional email. • We use the information from one portion of the App on other portions of the App or elsewhere in our network of Apps, apps, and other interactive features, or in reports and analysis, all of which are owned and operated by UScooter, and we may combine information gathered from multiple portions of the App into a single customer record or analysis or report. We also use and/or combine information that we collect off-line or we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records 4. Sharing Of Your Information with Third Parties. Except as described below, we will not disclose your information to third parties without your prior consent. Information collected by us may be shared as follows: A. Employees, Third-Party Processors and Third-Party Service Providers. We will disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf. B. By Law or in Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our reasonable discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law. C. Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Service to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy. Any information you submit or that is collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity. D. Our Affiliates. We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint venturers, or other companies under common control with us. We will require these entities to comply with the terms of this Privacy Policy with regard to their use of your information. 5. Accessing, Changing and Managing Your Information We provide choices on how your information is used by us. If you do not wish your contact information to be used to receive our newsletter or any marketing or promotional information from us via email, you may simply opt out of receiving this information by following the unsubscribe instructions included in any promotional email, or by contacting us at customersupport@UScooter.com. You can manage or control the information we receive from a Social Media Service by following the instructions provided by the applicable Social Media Service. You can also delete the UScooter application installed on your device in order to delete any information stored locally through use of the Service. If you no longer want UScooter to use your information, you may contact us at customersupport@UScooter.com and request that we deactivate your account or delete your information. However, certain information, including customer service information, may be retained for our legal and accounting purposes. In addition, we may retain and continue to use indefinitely all information contained in your communications to other users or posted to areas of the Service that are visible to the public, or that are visible to other users of the Service, after termination or deactivation of your user account. In addition, if you are a California resident under the age of 18 and are a registered user of the Service, you may request that we remove content or information about you that you posted on the Service by (a) submitting a request in writing to customersupport@UScooter.com and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information. You may also update customersupport@UScooter.com. your account information by contacting us at 6. How We Protect Your Information. We take reasonable measures to protect the information you provide to us or submit through the Service against loss, theft and unauthorized use, disclosure, or modification. However, we cannot guarantee or warrant the security of any information you transmit to us or submit through the Service and you do so at your own risk. No internet or email transmission is ever fully secure or error-free. Email sent to or through the Service may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to us via email. If you have any questions about security on the Service, you can email us at customersupport@UScooter.com. 7. Children. The Service is not intended for children under 13 and children under the age of 13 are not permitted to use the Service. We do not knowingly collect personal information from children under 13 years of age. If you believe that we may have any information from or about a child under the age of 13, please contact us at customersupport@UScooter.com. 8. Special Information for California Residents. California residents may request and receive once a year, free of charge, a list of certain third parties to which we have disclosed your personal information for these parties’ own direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties with which information was shared. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: customersupport@UScooter.com. Please allow up to thirty (30) days for a response. . 9. Changes to this Privacy Policy We reserve the right to change this Privacy Policy at any time by notifying you of the existence of a new privacy policy. If we make material changes to our privacy practices and this Privacy Policy, and you have provided your email address to us, we will notify you by email, or if you have elected to receive push notifications from us on your mobile device, by push notification, at least thirty (30) days before the changes become effective. If you do not agree or consent to any the applicable changes, you may terminate or cancel your enrollment in the Service, in which case you will not be bound by the new Privacy Policy. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding changes to this Privacy Policy. 10. Use of Information Outside of Your Country of Residence. We are located in Canada, but we operate globally and may transfer your personal information to individual companies or third parties in locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. Additionally, when using or disclosing personal information transferred from the European Union outside of Canada, we will either ensure that third party data processors abide by the Safe Harbor Principles as set forth by the U.S. Department of Commerce, use standard contract clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards, or obtain your consent. We also apply the substantive requirements of the Safe Harbor Principles when transferring personal information from Australia. 11. Contact Us If you have any questions concerning this Privacy Policy, you may contact us at: UScooter Privacy Policy c/o UScooter 8737 Venice Blvd Suite 102 Los Angeles, CA 90034 Email address: customersupport@UScooter.com Telephone: 1.866.968.9989 UScooter Terms of Service These UScooter Terms of Service (these “Terms of Service”) are applicable to the website located at www.UScooter.com and the other websites and mobile applications provided by UScooter Inc. and its affiliates (referred to in these Terms of Service, as “UScooter,” “we”, “us” and “our”) on which a link to these Terms of Service is provided (these websites and mobile applications are referred to collectively in these Terms of Service as the “Service”). We prepared these Terms of Service to help explain the terms that apply to your use of the Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. By accessing and using the Service, you accept and agree to these Terms of Service, and you signify your agreement to the terms and conditions included in these Terms of Service. IF YOU ARE UNDER THE AGE OF MAJORITY IN THE PROVINCE, STATE, OR COUNTRY WHERE YOU LIVE (EIGHTEEN YEARS OF AGE IN MOST, BUT NOT ALL, JURISDICTIONS), YOU MUST HAVE A PARENT OR LEGAL GUARDIAN REVIEW THESE TERMS OF USE FOR YOU. BY USING THIS SERVICE, YOU CONFIRM THAT YOUR PARENT OR LEGAL GUARDIAN HAS ALSO READ AND ACCEPTED THESE TERMS OF USE. For certain of our Services offered through the Service, you may also be required to execute a Vehicle Rental Agreement, Waiver of Liability and Release. This is a legal agreement between you ("you" or "user") and UScooter that states the material terms and conditions that govern your use of the Service. This agreement, together with all updates, supplements, additional terms, and all of UScooter rules and policies collectively constitute this "Agreement" between you and UScooter. Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and we may have against each other are resolved (see Section 11 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 11(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. 1. Updates to these Terms of Service. We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service. 2. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at www.uscooters.com to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. 3. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service. 4. Rules Governing User Contributions. If you are a member of the Service and you are logged in to your member account, you may be able to submit comments and content through the Service, and other interactive features on the Service (“Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Service. If you elect to post a Contribution on the Service, you represent and warrant that you: (a) own or have sufficient rights to post your Contribution on or through Service; (b) will not use any Contribution that violates our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights; (c) have fully complied with any third-party licenses relating to the Contribution and shall pay all royalties, fees and any other monies required to be paid in connection with the Contributions; (d) will not use any Contribution that: (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incites, encourages or threatens immediate physical harm against another, including but not limited to, any Contribution that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) exploits anyone in a sexual or violent manner; (e) will not use any Contribution that contains advertisements or solicits any person to buy or sell products or services (other than the Service); and (f) will not use any Contribution that constitutes, contains, installs or attempts to install or promote spyware, malware or other computer code, whether on the Service or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party. 5. Rights in Contributions A. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below. B. Grant of License to Us for Contributions. By making a Contribution to the Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Service available to you) and worldwide (because the Internet is global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Service, our business or the promotion thereof in any media formats and through any media channels now known or subsequently created. This license does not grant us the right to sell your Contributions. If you remove your Contributions from the Service, we will cease use of your Contributions as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions. 6. Our Intellectual Property Rights. Except for your Contributions and the Contributions of other users of the Service, all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. 7. Our Management of the Service; User Misconduct A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms of Service, the law or any of our policies, or that is excessive in size or burdensome; (d) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (e) screen our users or members, or attempt to verify the statements of our users or members and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Service. C. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION. 9. Rules for Sweepstakes, Contests and Games. In addition to the terms and conditions of these Terms of Service, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by specific rules that are separate from these Terms of Service. By participating in a Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We encourage you to review any specific rules applicable to a particular Promotion, which will be provided to you at the time you elect to participate in the applicable Promotion. To the extent that the terms and conditions of a Promotion’s rules conflict with these Terms of Service, the terms and conditions of the applicable rules shall control with respect to the particular Promotion. 10. Third Party Sites. The Service may contain links to websites operated by third parties (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review or control, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR BY THE SERVICE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM THEMSELVES OF THE POLICIES AND PRACTICES OF THESE THIRD PARTY SITES. 11. Legal Disputes and Arbitration Agreement Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court A. Initial Dispute Resolution. We are available by email at support@UScooter.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and UScooter agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 11(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act. THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. C. Class Action and Class Arbitration Waiver. You and UScooter each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and UScooter each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 11(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11(B), 11(C), and 11(D) by sending written notice of your decision to opt-out to the following address: 8737 Venice Blvd, Suite 102, Los Angeles, CA 90034. The notice must be sent within thirty (30) days of registering to use, or if you are not a registered users, commencing use of, the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them. F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 11(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California, for any litigation other than small claims court actions. G. Applicable Law. You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and UScooter. 12. Warranty Disclaimer; Limitation on Liability, Indemnity, Release A. Disclaimer of Warranties (i) ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. (ii) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. B. Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50. C. Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 12(A) AND 12(B) MAY NOT APPLY TO YOU. D. INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD USCOOTER AND ANY AFFILIATED ENTITY OR INDIVIDUAL HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO OR IN CONNECTION WITH (I) THE USE OF THE SERVICE OR YOUR PLACEMENT OR TRANSMISSION OF ANY USER SUBMISSION OR OTHER CONTENT, MESSAGE OR INFORMATION ON THE SERVICE BY YOU OR YOUR AUTHORIZED USERS; (II) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES ABOVE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, PUBLICITY RIGHTS OR INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY; (V) ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY USER SUBMISSION THAT YOU PROVIDE TO USCOOTER, INCLUDING WITHOUT LIMITATION ANY CLAIM OR DAMAGES ARISING FROM A DEFAMATION OR INVASION OF PRIVACY CLAIM; OR (VI) ANY OTHER PARTY’S ACCESS AND USE OF THE WEBSITE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE. E. RELEASE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICE, YOU RELEASE USCOOTER (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. F. FORCE MAJEURE. NEITHER USCOOTER NOR YOU SHALL BE RESPONSIBLE FOR DAMAGES OR FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS OR OCCURRENCES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: FIRE, LIGHTNING, EXPLOSION, POWER SURGE OR FAILURE, WATER, ACTS OF GOD, WAR, REVOLUTION, CIVIL COMMOTION OR ACTS OF CIVIL OR MILITARY AUTHORITIES OR PUBLIC ENEMIES: ANY LAW, ORDER, REGULATION, ORDINANCE, OR REQUIREMENT OF ANY GOVERNMENT OR LEGAL BODY OR ANY REPRESENTATIVE OF ANY SUCH GOVERNMENT OR LEGAL BODY; OR LABOR UNREST, INCLUDING WITHOUT LIMITATION, STRIKES, SLOWDOWNS, PICKETING, OR BOYCOTTS; INABILITY TO SECURE RAW MATERIALS, TRANSPORTATION FACILITIES, FUEL OR ENERGY SHORTAGES, OR ACTS OR OMISSIONS OF OTHER COMMON CARRIERS. 13. Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user. 14. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision. 15. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. 16. Assignment. We may assign our rights under these Terms of Service without your approval. 17. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf. 18. Contact Information. If you have any questions about these Terms of Service or your account, please contact us at: customersupport@UScooter.com. USCOOTER Rental Agreement, Waiver of Liability and Release Effective Date: June 7, 2018. PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. In consideration of Your use of any of the Services (defined below) provided by UScooters, LLC (“UScooter”), operator of UScooter Vehicle Rental, UScooter requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Vehicle Rental Agreement, Waiver of Liability, and Release (“Agreement”), as applicable. The “Services” provided by UScooter are composed of several elements, including: (1) UScooter Vehicle Rental Vehicle parking locations (“Locations”), (2) UScooter Vehicles (“Vehicle” or “Vehicles”), (3) discretionary charging of the Vehicle by Rider per term 1.15 below, and (4) all other related equipment, maintenance, personnel, services, mobile applications, other sofware and information provided or made available by UScooter. You should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that UScooter wants to bring to your initial attention in the event you are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement. • • • • The Vehicle must be locked at the conclusion of the ride. If the Vehicle is not locked, the trip will continue and you will continue to be charged. The max charge for a single trip is $100 for 24 hours. For more details, please refer to the term 2.3 below. Upon conclusion of your ride, the Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non-public space. All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric scooters) must be obeyed, including any helmet laws in your area. You must promptly report any damaged or malfunctioning Vehicles to UScooter via the App or via e-mail. UScooter expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars. 1. GENERAL RENTAL AND USE OF VEHICLE. 1.1 Rider is Sole User. UScooter and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the Location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the Location. 1.2 Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old. 1.3 Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions. 1.4 Vehicle is the Exclusive Property of UScooter. Rider agrees that the Vehicle and any UScooter equipment attached thereto, at all times, remain the exclusive property of UScooter. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other UScooter equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other UScooter equipment for any advertising or similar commercial purpose. 1.5 Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed. 1.6 Vehicle May be Used and/or Operated only in Metropolitan Areas. Rider agrees to only use, operate and/or ride the Vehicle in metropolitan areas. 1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws pertaining to the use, riding, parking, charging and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. • • • • • • • 1.8 Prohibited Acts. Rider agrees to the following: You must not ride a Vehicle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Vehicle. While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating the Vehicle. You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Vehicle. You must not carry a second person or child on a Vehicle. You may only use locking mechanisms provided by UScooter. You may not add another lock to the Vehicle or to lock a Vehicle to anything. The Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non-public space. The Vehicle must be parked in a space that is visible. 1.9 Vehicle is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the Vehicle for racing, mountain Vehicle riding, stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation. 1.10 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (200 pounds). 1.11 No Tampering. You must not tamper with, attempt to gain unauthorized access using, or otherwise use The UScooter System or other UScooter equipment other than for purposes of using a Vehicle pursuant to this Agreement. 1.12 Reporting of Damage or Crashes. Rider must report any accident, crash, damage, personal injury, stolen or lost Vehicle, to UScooter as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle. 1.13 Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to UScooter in the same condition in which it was rented. Rider will not be responsible for normal wear and tear. • • • • • • 1.14 Electric Vehicle. The Vehicle is an electric vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of Vehicle being an electric vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following: The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Rider initiates the rental or operation of Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions and other factors. It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching Rider’s desired destination. 1.15 Charging of Vehicle. If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Alternatively, in Rider’s sole discretion, Rider may charge the Vehicle by plugging its charging cord into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle. Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties and fines associated with the charging of the Vehicle, and that UScooter will not reimburse Rider for such. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to charging of the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that UScooter and all other Released Persons (as defined below in Section 3.1) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle. 2 PAYMENT AND FEES. 2.1 Fees. Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing described in the app. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by UScooter. UScooter will charge the Rider’s credit, debit card or other agreed payment methods the amount of the fees as described in this Agreement. 2.2 Promo Codes. Promo codes (discounts) are one-time offers and can only be redeemed via UScooter App. UScooter reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold. 2.3 Maximum Rental Time and Charges. Maximum rental time is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of time that rental of the Vehicle began. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking the Vehicle. The maximum day charge is $100 and is based on a calendar day. After return of the Vehicle, the rider will be charged the accumulated rental charges, or the maximum day charge; whichever is less. Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to $500 and a police report may be filed. UScooter may also charge a service fee of $25 for rentals in excess of 24 hours where the Vehicle is not lost or stolen. 2.4 Valid Credit Card or Debit Card. Rider must input a valid credit or debit card number and expiration date before Rider will be registered to use the Service. Rider represents and warrants to UScooter that Rider is authorized to use any cards Rider furnishes to UScooter. Rider authorizes UScooter to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by UScooter. If Rider disputes any charge on credit or debit card account, then Rider must contact UScooter within 10 business days from the end of the month with the disputed charge, provide to UScooter all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Rider agrees to immediately inform UScooter of all changes relating to the card. 2.6 Pick Up Fees. If You are unable to return a Vehicle to a valid area (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by UScooter staff, UScooter, at its sole discretion, may choose to charge You a pick-up fee up to $120. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all Trip Fees until the Vehicle is recovered and deactivated, plus a service charge (currently $120.00) to recover the Vehicle. Fees are subject to change. 3 RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK. 3.1 Releases. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, equipment or related information, or (b) Rider’s use of any of the foregoing. “Released Persons” means, collectively UScooter and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Vehicles, and other equipment or related information provided by UScooter, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) (collectively, the “Releasing Parties” and each a “Releasing Party”) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider ever had, now has, or may claim to have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of UScooter and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Vehicle. Releasing Party hereby acknowledges that he/she has been advised by legal counsel, is familiar with and fully understands the provisions of California Civil Code Section 1542 which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Having been so advised, Releasing Party nevertheless elects to and does assume all risks for Claims known or unknown, suspected or unsuspected, heretofore arising from the subject of this Section 3, and specifically waives any rights it may have under Section 1542, as well as under any other statute or common-law principle in any jurisdiction with a similar effect. 3.2 Disclaimers. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, USCOOTER VEHICLES, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, USCOOTER VEHICLES, OR RELATED EQUIPMENT, USCOOTER AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, USCOOTER VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). USCOOTER AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, USCOOTER VEHICLES, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, USCOOTER VEHICLES, OR RELATED EQUIPMENT. 3.3 Limited Liability. RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, USCOOTER AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, VEHICLES, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A VEHICLE HELMET WHILE USING A VEHICLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF USCOOTER OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF USCOOTER AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS. 3.4 Assumption of Risk by Rider. Rider is solely and fully responsible for the safe operation of the Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Vehicle and the Services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a Vehicle helmet as required by law or utilize other protective gear. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that UScooter and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself. 3.5 Indemnification. You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Vehicles and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons. 4 Additional Terms of Use. 4.1 Safety Check. Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iv) good condition of the frame; (v) sufficient battery charge power; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert UScooter of any problems. 4.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) Vehicle is not returned within 24 consecutive hours, (b) Vehicle’s GPS unit is disabled, (c) Vehicle is parked on private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) Vehicle moves more than thirty feet after a rental has ended and UScooter believes such movement was not caused by another Rider or authorized third party, or (d) other facts and circumstances that suggest to UScooter in its reasonable, good faith determination that a Vehicle has been lost or stolen. UScooter and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to UScooter in its reasonable, good faith determination. If UScooter deems a Vehicle lost or stolen, UScooter shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider must report Vehicle disappearance or theft to UScooter immediately or as soon as possible. 4.3 Helmets; Safety. UScooter recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider agrees that none of UScooter and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement. 4.4 Vehicle Routes. Rider agrees that UScooter does not provide or maintain places to ride Vehicles, and that UScooter does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, Vehicle lanes, and Vehicle routes may become dangerous due to weather, traffic, or other hazards. 4.5 Limitations on Vehicle Rental. Rider agrees that UScooter is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. UScooter provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement. 4.6 Limitations on Availability of Service. UScooter makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent UScooter from providing the Service. Access to the Service is also conditioned on the availability of Vehicles. UScooter does not represent or warrant the availability of any Service or the availability of any Vehicle at any time. Rider agrees that UScooter may require Rider to return a Vehicle at any time. 5 Term and Termination. 5.1 Term. The term of this Agreement begins when Rider first uses the Service, and the term ends 10 years after Rider’s last use of the Service; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the Rider’s last use of the Service. 5.2 Termination by UScooter. At any time and from time to time, and without Rider’s consent, UScooter may unilaterally terminate Rider’s right to use the Service, in UScooter’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Service at any time; provided, however, that (i) no refund will be provided by UScooter, (ii) the term of this Agreement continues in accordance with this Agreement, (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Service, regardless of how the Agreement is terminated. 6. Confidentiality of Information; Privacy Policies. All personally identifiable information that is held by UScooter and pertains to Riders, including all names, addresses, phone numbers, email addresses, credit and debit card numbers, pass numbers, and card numbers will be kept by UScooter in accordance with its privacy policy linked to http://www.UScooter.co/privacy/; provided, however, that (i) if there is any accident where a Rider is unable to communicate personal information to the appropriate authorities, then UScooter may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to such authorities, (ii) if UScooter receives a subpoena from any court or other authority, then UScooter will provide all requested information in accordance with applicable law, and (iii) UScooter may disclose aggregate and other data about Riders in accordance with applicable law, including, without limitation, general latitude and longitude data for Rider addresses (provided this would not allow any individual’s address to be separately identified). In addition, UScooter may disclose individual data to a third party upon Rider’s express permission and consent (e.g. enrollment in a study). 7. License to Image and Likeness. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to UScooter and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to UScooter and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as UScooter may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph. 8 Notice. UScooter may be contacted by emailing customerservice@UScooter.com. 9 Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Los Angeles, California; and (iv) the parties must submit the dispute to mandatory mediation held in the State of California. The parties agree that any dispute will be first subject to mediation. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial. 10 Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 11 Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law. 12 Final Agreement; Modification by UScooter. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s consent, UScooter may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Service after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, UScooter will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement. 13 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms. 14 Voluntary Execution of this Agreement. This Agreement is entered into voluntarily and without any duress or undue influence on the part or behalf of UScooter. Rider acknowledge that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement. RIDER ACCEPTANCE OF AGREEMENT I certify that I am the Rider, I am 18 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement. J. Images and Description of Powered Scooter – The UScooter Booster Plus is one of the highest quality electronic scooters on the market. HIGHLIGHTS INCLUDE: ➢ The most economical e-scooter on the market (uses just 6 wh/km) ➢ Can drive up to 18 miles on one charge ➢ Powerful engine reaches speeds of up to 15 miles/hr ➢ Weighs less than 24lbs ➢ Super compact, at just 1 yard in length ➢ Has a unique 3-point folding system for easy storage ➢ 6 powerful LED lights to illuminate the way ➢ Kinetic Energy Recover System (KERS) increases battery life up to 60% ➢ Patented airless tires and with no maintenance need. ➢ Front rear suspension provides a smooth ride ➢ On-board alarm system to deter theft ➢ Safety horn to warn pedestrians UScooters offers a number of handy features and valuable benefits to its users. Feature - Offers the most technologically advanced electric Benefit to Users - transportation sector scooter on the market - Easy-to-use mobile app Users are on the cutting-edge of the - Reserving and renting is quick and easy; hasslefree process - Scooters are remotely tracked via proprietary - Users can quickly locate nearest UScooter available for rental GPS/GPR system - Membership program available - Offers frequent users discounted rental rates - UScooters are safe, clean, and easy to navigate - Creates stress-free experience for the user and offers peace-of-mind - Low power consumption & Kinetic Energy Recovery System (KERS) - A single battery charge can last 5 hours or 25 miles. K. Images and Description of Mobile Application T HE US COOTER P LATFORM HOW IT WORKS UScooter has developed a streamlined process that makes it easy for users to find, rent, use, and relinquish an electric scooter. 1. Deploy: UScooter strategically deploys scooters throughout urban areas. The Company will partner with retailers to identify popular public areas in which to deploy scooters. Retailers welcome solutions that drive foot traffic to their stores. 2. Find: Users locate a nearby scooter using the UScooter proprietary mobile app. Riders will need to have uploaded their driver’s license and credit card info to the app to make sure they are of age and for payment. 3. Unlock: Upon arriving at the scooter, the user unlocks it through the mobile app. Users can scan a QR code located on the scooter with the UScooter app, or input a numeric code provided through the app. Easy instructions on how to turn on the scooter and how to ride safely are provided. Users are prompted to wear helmets on each ride. 4. Ride: Users enjoy their ride, paying a flat fee per minute of rental time. Members have the option to pay monthly fees in exchange for lower per-minute rental rates. 5. Finish: Upon reaching their destination, users park the scooter and complete their trip via the app. Once parked on a sidewalk in a safe and convenient place, riders simply indicate through the app that their trip is complete. The app then prompts the user to take a photograph of where they’ve left the scooter. Their trip is billed automatically to their credit card. 6. Recharging: The Company handles recharging, ensuring batteries are replenished at the end of the day. UScooters have a 5-hour depletion time. At the end of each day, the Company sends drivers to pick up UScooters, charge them directly on the truck that is equipped with onboard chargers, then redistribute the scooters in the field based on popular usage areas/historical data. Each truck can hold up to 120 UScooters. The mobile app is available in multiple languages using the language selector (indicated by the ) auto VIRGIN 4:21 PM . 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Q1115 111110111 \?01 011111 iure 1?0111'0110111101?11. 11111 111 e11 \?111111111110 00111 0.0.0 VIRGIN 4121 PM - 22% Terms 01' Service 31 8011 111 11005111001115. 1111110 111111115 1510 11111115 011111 511 01111111111101? 110011511111111111 11111111'011111110 111111111111111111. 111111111 10111 111101111111 01111110 111511. 1111110 1111 11111 1111'0111111'0 1011111115 01 11111151 1110111100111 110111110 111110 1110111 511111. 01111110111111. N011111 0111111 111511111 \?111111111110111. 1111111 111111111115 511. 1151101'11111111' 11111 111111 11111 [11:111. 11011 1111111 0111150111111111111' 1111111111 1111111105 0115. 11111 1111111110 \?111111111110111 5011111 11050111111. 11011110 [1111111 (11115111111111 051. 11111 111111110111 111511111. 1111111 11111111 511 1111101 01111500101111 1111111150i 11g \?0111. 5011 1111111 111111-1111111111111111 1111 01115 11111111 101111111111 111 11111010 01 (1111010 11111111111111 1111111111111 11111101111 11110111111011]. 11 0111111 1111 111111111111 1011111111. 111115 111151111111 0501'011111111110111 111111111 01111111115 5115011111 11111111'111511111. 11151 111. 11111111111 05 011 0111111111111i 1.1111150111111110?? Q1115 111110111 \?01 011111 11110 1?0111?0110111101'11. 11111 111 011 1111111111110 4:21 PM SCAN .191 SCOCITE Scan the QR code sticker located on the top front of the scooter L. Proof of Business Registration – Please attach a copy of your business registration. If your business is not yet registered with the City of San Francisco, supply a statement of intent to register your business in advance of being issued a permit. The SFMTA will require proof of registration before issuing a permit to accepted permittees. UScooter does not currently conduct business in the City of San Francisco. Therefore, the Company intends to file an application for New Business Registration with the Office of the Treasurer and Tax Collector. Prior to being issued a permit from SFMTA to provide transportation services as an accepted vendor in the Powered Scooter Share Program, UScooter agrees to submit proof of registration to SFMTA and supply the agency with a copy of its Business Registration Certificate, upon approval. M. Proof of Insurance –JEFF (statement of intent for additional requirements) Please attach a certificate of insurance as well as an endorsement of additional insured, per specifications included in Appendix II. If you have not yet purchased insurance meeting these specifications, supply a statement of intent to obtain this insurance in advance of being issued a permit. The SFMTA will require certificates of insurance as well as an endorsement of Commercial General Liability and Commercial Automobile Liability insurance showing the City as an additional insured before issuing a permit to accepted applicants. Note: Brad sent this section to the Broker don?t forget indemnification. SFMTA Powered Scooter Share Program Permit Application Appendix II. Insurance and Indemnification Requirements I. Indemnification Permittee shall indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall defend them against any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Permittee, or loss of or damage to property, arising directly or indirectly from the activity authorized by the Permit, including, but not limited to, Permittee’s use of facilities or equipment provided by City or others, and claims brought by customers of Permittee, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Permit, and except where such loss, damage, injury, liability or claim is the result of the gross negligence or willful misconduct of City and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on Permittee, its sub-permittees or either’s agent or employee. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and City’s costs of investigating any claims against the City. In addition to Permittee’s obligation to indemnify City, Permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to Permittee by City and continues at all times thereafter. Permittee shall indemnify and hold City harmless from all loss and liability, including attorneys’ fees, court costs and all other litigation expenses for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by City, or any of its officers or agents, of articles or services to be supplied in the performance of this Permit. II. Insurance Requirements A. Required Coverages. Without in any way limiting Permittee’s liability pursuant to the “Indemnification” section of this Permit, Permittee must maintain in force, during the full term of the Permit, insurance in the following amounts and coverages: 1. Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness; and 2. Commercial General Liability Insurance with limits not less than $2,000,000 each occurrence and $4,000,000 general aggregate for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and 3. Commercial Automobile Liability Insurance with limits not less than $2,000,000 each accident, “Combined Single Limit” for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable. 4. Professional liability insurance, applicable to Permittee’s profession, with limits not less than $1,000,000 each claim with respect to negligent acts, errors or omissions in connection with the Services. 5. Permittee shall maintain in force during the full life of the agreement Cyber and Privacy Insurance with limits of not less than $2,000,000 per claim. Such insurance shall include coverage for liability arising from theft, dissemination, and/or use of confidential information, including but not limited to, bank and credit card account information or 11 SFMTA Powered Scooter Share Program Permit Application personal information, such as name, address, social security numbers, protected health information or other personally identifying information, stored or transmitted in electronic form. 6. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide: a. Name as Additional Insured the City and County of San Francisco and SFMTA, its Officers, Agents, and Employees. b. That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Permit, and that insurance applies separately to each insured against whom claim is made or suit is brought. B. All policies shall be endorsed to provide thirty (30) days’ advance written notice to the City of cancellation for any reason, intended non-renewal, or reduction in coverages. C. Should any of the required insurance be provided under a claims-made form, Permittee shall maintain such coverage continuously throughout the term of this Permit and, without lapse, for a period of three years beyond the expiration of this Permit, to the effect that, should occurrences during the contract term give rise to claims made after expiration of the Permit, such claims shall be covered by such claims-made policies. D. Should any required insurance lapse during the term of this Permit, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this Permit, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Permit effective on the date of such lapse of insurance. E. Before commencing any Services, Permittee shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Approval of the insurance by City shall not relieve or decrease Permittee's liability hereunder. F. The Workers’ Compensation policy(ies) shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Permittee, its employees, agents and subcontractors. G. If Permittee will use any subcontractor(s) to provide Services, Permittee shall require the subcontractor(s) to provide all necessary insurance and to name the City and County of San Francisco, its officers, agents and employees and the Permittee as additional insureds. 12